Citation Numbers: 159 N.Y.S. 184
Judges: Guy
Filed Date: 5/26/1916
Status: Precedential
Modified Date: 10/17/2022
Defendants appeal from a judgment entered by direction of the court in favor of plaintiffs after a trial without a jury. Plaintiffs sue as assignees to recover a pro rata premium1 under a policy of fire insurance issued by the Insurance Company of North America, plaintiffs’ alleged assignor, to the defendants, and subsequently canceled.
The insurance was effected through one Hangley, a broker, who testified that it was the custom between himself and the Insurance Company of North America for the company to charge him with the amount of the premium and have him collect from the insured; that he was “the medium of collection.” Hangley employed one Robinson, an attorney, to collect the claim, and defendants paid the claim in full to said attorney, who, after deducting his charge of 25 per cent, for collection, forwarded the amount to plaintiffs’ assignor, the Insurance Company of North America, which refused to accept payment.
The evidence establishes ratification of the broker’s act in employing Robinson to collect, and defendants’ payment to Robinson must be deemed a payment to plaintiffs’ assignor, the insurance company.
The judgment must therefore be reversed, with $30 costs, and the complaint dismissed, with costs. All concur.